Hearing in Salman case to begin soon

Jan 26, 2004, 07.56am IST

MUMBAI: The decks have been cleared for the commencement of trial of actor Salman Khan in the hit-and-run case on January 30 with the chief metropolitan magistrate holding that the Bandra magistrate is competent to hear the matter. Maharashtra government's plea challenging the jurisdiction of Bandra magistrate to try Salman for allegedly ramming his vehicle into a shop killing one person and injuring four on September 28, '02, was dismissed by the CMM four days ago.

Salman had opposed the plea saying "the state is trying to abuse the process of law and delay the trial." He said that "the state had not raised the jurisdiction issue when charges were framed against him on October 6 last year and also when the Supreme Court had directed Bandra magistrate to try him. It is now harping on this point only to delay the trial."

The state had argued that Bandra magistrate SY Sishode was not competent enough to conduct the trial as he had earlier recorded statements of three witnesses in this case. Under section 164 CRPC, such a magistrate has to transfer the case to other court for trial, it argued.

The Supreme Court had, on December 18, asked the court in Bandra to go ahead with the case and decide during the course of trial whether the charge of culpable homicide not amounting to murder was applicable to the actor. This charge attracts 10 years in jail.